STATE OF NEW YORK
________________________________________________________________________
5286--A
2019-2020 Regular Sessions
IN ASSEMBLY
February 8, 2019
___________
Introduced by M. of A. KOLB, FITZPATRICK, MONTESANO -- Multi-Sponsored
by -- M. of A. BARCLAY, CROUCH -- read once and referred to the
Committee on Housing -- recommitted to the Committee on Housing in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the emergency housing rent control law, the administra-
tive code of the city of New York and the emergency tenant protection
act of nineteen seventy-four, in relation to eliminating rent regu-
lation protections for certain high income tenants; and to amend the
emergency housing rent control law, the local emergency housing rent
control act, the emergency tenant protection act of nineteen seventy-
four and the administrative code of the city of New York, in relation
to the deregulation of rent-stabilized housing accommodations upon
vacancy
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Chapter 274 of the laws of 1946, constituting the emergency
2 housing rent control law, is amended by adding a new section 2-a to read
3 as follows:
4 § 2-a. (a) 1. For purposes of this section, annual income shall mean
5 the federal adjusted gross income as reported on the New York state
6 income tax return. Total annual income means the sum of the annual
7 incomes of all persons who occupy the housing accommodation as their
8 primary residence on other than a temporary basis, excluding bona fide
9 employees of such occupants residing therein in connection with such
10 employment and excluding bona fide subtenants in occupancy pursuant to
11 the provisions of section two hundred twenty-six-b of the real property
12 law. In the case where a housing accommodation is sublet, the annual
13 income of the sublessor shall be considered.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04471-02-0
A. 5286--A 2
1 2. Deregulation income threshold means total annual income equal to
2 one hundred seventy-five thousand dollars in each of the two preceding
3 calendar years for proceedings commenced before July first, two thousand
4 eleven. For proceedings commenced on or after July first, two thousand
5 twenty-one, the deregulation income threshold means the total annual
6 income equal to one hundred twenty-five thousand dollars in each of the
7 two preceding calendar years.
8 (b) On or before the first day of May in each calendar year, the owner
9 of each housing accommodation may provide the tenant or tenants residing
10 therein with an income certification form prepared by the division of
11 housing and community renewal on which such tenant or tenants shall
12 identify all persons referred to in subdivision (a) of this section and
13 shall certify whether the total annual income is in excess of the dereg-
14 ulation income threshold in each of the two preceding calendar years.
15 Such income certification form shall state that the income level certi-
16 fied to by the tenant may be subject to verification by the department
17 of taxation and finance pursuant to section one hundred seventy-one-b of
18 the tax law and shall not require disclosure of any income information
19 other than whether the aforementioned threshold has been exceeded. Such
20 income certification form shall clearly state that: (i) tenants have
21 protections available to them which are designed to prevent harassment;
22 and (ii) tenants are not required to provide any information regarding
23 their income except that which is requested on the form and may contain
24 such other information the division deems appropriate. The tenant or
25 tenants shall return the completed certification to the owner within
26 thirty days after service upon the tenant or tenants. In the event that
27 the total annual income as certified is in excess of the deregulation
28 income threshold in each of the two preceding calendar years, the owner
29 may file the certification with the state division of housing and commu-
30 nity renewal on or before June thirtieth of such year. Upon filing such
31 certification with the division, the division shall, within thirty days
32 after the filing, issue an order of deregulation providing that such
33 housing accommodations shall not be subject to the provisions of this
34 law as of the first day of June in the year next succeeding the filing
35 of the certification by the owner. A copy of such order shall be mailed
36 by regular and certified mail, return receipt requested, to the tenant
37 or tenants and a copy thereof shall be mailed to the owner.
38 (c) 1. In the event that the tenant or tenants either fail to return
39 the completed certification to the owner on or before the date required
40 by subdivision (b) of this section or the owner disputes the certif-
41 ication returned by the tenant or tenants, the owner may, on or before
42 June thirtieth of such year, petition the state division of housing and
43 community renewal to verify, pursuant to section one hundred seventy-
44 one-b of the tax law, whether the total annual income exceeds the dereg-
45 ulation income threshold in each of the two preceding calendar years.
46 Within twenty days after the filing of such request with the division,
47 the division shall notify the tenant or tenants that such tenant or
48 tenants must provide the division with such information as the division
49 and the department of taxation and finance shall require to verify
50 whether the total annual income exceeds the deregulation income thresh-
51 old in each of the two preceding calendar years. The division's notifi-
52 cation shall require the tenant or tenants to provide the information to
53 the division within sixty days of service upon such tenant or tenants
54 and shall include a warning in boldfaced type that failure to respond
55 will result in an order of deregulation being issued by the division for
56 such housing accommodation.
A. 5286--A 3
1 2. If the department of taxation and finance determines that the total
2 annual income is in excess of the deregulation income threshold in each
3 of the two preceding calendar years, the division shall, on or before
4 November fifteenth of such year, notify the owner and tenants of the
5 results of such verification. Both the owner and the tenants shall have
6 thirty days within which to comment on such verification results. With-
7 in forty-five days after the expiration of the comment period, the divi-
8 sion shall, where appropriate, issue an order of deregulation providing
9 that such housing accommodation shall not be subject to the provisions
10 of this law as of the first day of March in the year next succeeding the
11 filing of the owner's petition with the division. A copy of such order
12 shall be mailed by regular and certified mail, return receipt requested,
13 to the tenant or tenants and a copy thereof shall be sent to the owner.
14 3. In the event the tenant or tenants fail to provide the information
15 required pursuant to paragraph one of this subdivision, the division
16 shall issue, on or before December first of such year, an order of
17 deregulation providing that such housing accommodation shall not be
18 subject to the provisions of this law as of the first day of March in
19 the year next succeeding the last day on which the tenant or tenants
20 were required to provide the information required by such paragraph. A
21 copy of such order shall be mailed by regular and certified mail, return
22 receipt requested, to the tenant or tenants and a copy thereof shall be
23 sent to the owner.
24 4. The provisions of the state freedom of information act shall not
25 apply to any income information obtained by the division pursuant to
26 this section.
27 (d) This section shall apply only to paragraph (m) of subdivision two
28 of section two of this law.
29 (e) Upon receipt of such order of deregulation pursuant to this
30 section, an owner shall offer the housing accommodation subject to such
31 order to the tenant at a rent not in excess of the market rent, which
32 for the purposes of this section means a rent obtainable in an arm's
33 length transaction. Such rental offer shall be made by the owner in
34 writing to the tenant by certified and regular mail and shall inform the
35 tenant that such offer must be accepted in writing within ten days of
36 receipt. The tenant shall respond within ten days after receipt of such
37 offer. If the tenant declines the offer or fails to respond within such
38 period, the owner may commence an action or proceeding for the eviction
39 of such tenant.
40 § 2. The administrative code of the city of New York is amended by
41 adding a new section 26-403.1 to read as follows:
42 § 26-403.1 High income rent deregulation. (a) 1. For purposes of this
43 section, annual income shall mean the federal adjusted gross income as
44 reported on the New York state income tax return. Total annual income
45 means the sum of the annual incomes of all persons who occupy the hous-
46 ing accommodation as their primary residence other than on a temporary
47 basis, excluding bona fide employees of such occupants residing therein
48 in connection with such employment and excluding bona fide subtenants in
49 occupancy pursuant to the provisions of section two hundred twenty-six-b
50 of the real property law. In the case where a housing accommodation is
51 sublet, the annual income of the sublessor shall be considered.
52 2. Deregulation income threshold means total annual income equal to
53 one hundred twenty-five thousand dollars in each of the two preceding
54 calendar years for proceedings commenced on or after July first, two
55 thousand twenty-one.
A. 5286--A 4
1 (b) On or before the first day of May in each calendar year, the owner
2 of each housing accommodation may provide the tenant or tenants residing
3 therein with an income certification form prepared by the division of
4 housing and community renewal on which such tenant or tenants shall
5 identify all persons referred to in subdivision (a) of this section and
6 shall certify whether the total annual income is in excess of the dereg-
7 ulation income threshold in each of the two preceding calendar years.
8 Such income certification form shall state that the income level certi-
9 fied to by the tenant may be subject to verification by the department
10 of taxation and finance pursuant to section one hundred seventy-one-b of
11 the tax law and shall not require disclosure of any income information
12 other than whether the aforementioned threshold has been exceeded. Such
13 income certification form shall clearly state that: (i) tenants have
14 protections available to them which are designed to prevent harassment;
15 and (ii) tenants are not required to provide any information regarding
16 their income except that which is requested on the form and may contain
17 such other information the division deems appropriate. The tenant or
18 tenants shall return the completed certification to the owner within
19 thirty days after service upon the tenant or tenants. In the event that
20 the total annual income as certified is in excess of the deregulation
21 income threshold in each of the two preceding calendar years, the owner
22 may file the certification with the state division of housing and commu-
23 nity renewal on or before June thirtieth of such year. Upon filing such
24 certification with the division, the division shall, within thirty days
25 after the filing, issue an order of deregulation providing that such
26 housing accommodations shall not be subject to the provisions of this
27 law as of the first day of June in the year next succeeding the filing
28 of the certification by the owner. A copy of such order shall be mailed
29 by regular and certified mail, return receipt requested, to the tenant
30 or tenants and a copy thereof shall be mailed to the owner.
31 (c) 1. In the event that the tenant or tenants either fail to return
32 the completed certification to the owner on or before the date required
33 by subdivision (b) of this section or the owner disputes the certif-
34 ication returned by the tenant or tenants, the owner may, on or before
35 June thirtieth of such year, petition the state division of housing and
36 community renewal to verify, pursuant to section one hundred seventy-
37 one-b of the tax law, whether the total annual income exceeds the dereg-
38 ulation income threshold in each of the two preceding calendar years.
39 Within twenty days after the filing of such request with the division,
40 the division shall notify the tenant or tenants that such tenant or
41 tenants must provide the division with such information as the division
42 and the department of taxation and finance shall require to verify
43 whether the total annual income exceeds the deregulation income thresh-
44 old in each of the two preceding calendar years. The division's notifi-
45 cation shall require the tenant or tenants to provide the information to
46 the division within sixty days of service upon such tenant or tenants
47 and shall include a warning in boldfaced type that failure to respond
48 will result in an order of deregulation being issued by the division for
49 such housing accommodation.
50 2. If the department of taxation and finance determines that the total
51 annual income is in excess of the deregulation income threshold in each
52 of the two preceding calendar years, the division shall, on or before
53 November fifteenth of such year, notify the owner and tenants of the
54 results of such verification. Both the owner and the tenants shall have
55 thirty days within which to comment on such verification results. With-
56 in forty-five days after the expiration of the comment period, the divi-
A. 5286--A 5
1 sion shall, where appropriate, issue an order of deregulation providing
2 that such housing accommodation shall not be subject to the provisions
3 of this law as of the first day of March in the year next succeeding the
4 filing of the owner's petition with the division. A copy of such order
5 shall be mailed by regular and certified mail, return receipt requested,
6 to the tenant or tenants and a copy thereof shall be sent to the owner.
7 3. In the event the tenant or tenants fail to provide the information
8 required pursuant to paragraph one of this subdivision, the division
9 shall issue, on or before December first of such year, an order of
10 deregulation providing that such housing accommodation shall not be
11 subject to the provisions of this law as of the first day of March in
12 the year next succeeding the last day on which the tenant or tenants
13 were required to provide the information required by such paragraph. A
14 copy of such order shall be mailed by regular and certified mail, return
15 receipt requested, to the tenant or tenants and a copy thereof shall be
16 sent to the owner.
17 4. The provisions of the state freedom of information act shall not
18 apply to any income information obtained by the division pursuant to
19 this section.
20 (d) This section shall apply only to subparagraph j of paragraph two
21 of subdivision e of section 26-403 of this chapter.
22 (e) Upon receipt of such order of deregulation pursuant to this
23 section, an owner shall offer the housing accommodation subject to such
24 order to the tenant at a rent not in excess of the market rent, which
25 for the purposes of this section means a rent obtainable in an arm's
26 length transaction. Such rental offer shall be made by the owner in
27 writing to the tenant by certified and regular mail and shall inform the
28 tenant that such offer must be accepted in writing within ten days of
29 receipt. The tenant shall respond within ten days after receipt of such
30 offer. If the tenant declines the offer or fails to respond within such
31 period, the owner may commence an action or proceeding for the eviction
32 of such tenant.
33 § 3. The administrative code of the city of New York is amended by
34 adding a new section 26-504.1 to read as follows:
35 § 26-504.1 Exclusion of accommodations of high income renters. Upon
36 the issuance of an order by the division of housing and community
37 renewal, "housing accommodations" shall not include housing accommo-
38 dations which are occupied by persons who have a total annual income, as
39 defined in and subject to the limitations and process set forth in
40 section 26-504.3 of this chapter, in excess of the deregulation income
41 threshold, as defined in section 26-504.3 of this chapter, for each of
42 the two preceding calendar years. Provided, however, that this exclusion
43 shall not apply to housing accommodations which became or become subject
44 to this law (a) by virtue of receiving tax benefits pursuant to section
45 four hundred twenty-one-a or four hundred eighty-nine of the real prop-
46 erty tax law, except as otherwise provided in subparagraph (i) of para-
47 graph (f) of subdivision two of section four hundred twenty-one-a of the
48 real property tax law, or (b) by virtue of article seven-C of the multi-
49 ple dwelling law.
50 § 4. The administrative code of the city of New York is amended by
51 adding a new section 26-504.3 to read as follows:
52 § 26-504.3 High income rent deregulation. (a) 1. For purposes of this
53 section, annual income shall mean the federal adjusted gross income as
54 reported on the New York state income tax return. Total annual income
55 means the sum of the annual incomes of all persons whose names are
56 recited as the tenant or co-tenant on a lease who occupy the housing
A. 5286--A 6
1 accommodation and all other persons that occupy the housing accommo-
2 dation as their primary residence on other than a temporary basis,
3 excluding bona fide employees of such occupants residing therein in
4 connection with such employment and excluding bona fide subtenants in
5 occupancy pursuant to the provisions of section two hundred twenty-six-b
6 of the real property law. In the case where a housing accommodation is
7 sublet, the annual income of the tenant or co-tenant recited on the
8 lease who will reoccupy the housing accommodation upon the expiration of
9 the sublease shall be considered.
10 2. Deregulation income threshold means total annual income equal to
11 one hundred twenty-five thousand dollars in each of the two preceding
12 calendar years for proceedings commenced on or after July first, two
13 thousand twenty-one.
14 (b) On or before the first day of May in each calendar year, the owner
15 of each housing accommodation may provide the tenant or tenants residing
16 therein with an income certification form prepared by the division of
17 housing and community renewal on which such tenant or tenants shall
18 identify all persons referred to in subdivision (a) of this section and
19 shall certify whether the total annual income is in excess of the dereg-
20 ulation income threshold in each of the two preceding calendar years.
21 Such income certification form shall state that the income level certi-
22 fied to by the tenant may be subject to verification by the department
23 of taxation and finance pursuant to section one hundred seventy-one-b of
24 the tax law and shall not require disclosure of any income information
25 other than whether the aforementioned threshold has been exceeded. Such
26 income certification form shall clearly state that: (i) tenants have
27 protections available to them which are designed to prevent harassment;
28 and (ii) tenants are not required to provide any information regarding
29 their income except that which is requested on the form and may contain
30 such other information the division deems appropriate. The tenant or
31 tenants shall return the completed certification to the owner within
32 thirty days after service upon the tenant or tenants. In the event that
33 the total annual income as certified is in excess of the deregulation
34 income threshold in each of the two preceding calendar years, the owner
35 may file the certification with the state division of housing and commu-
36 nity renewal on or before June thirtieth of such year. Upon filing such
37 certification with the division, the division shall, within thirty days
38 after the filing, issue an order providing that such housing accommo-
39 dation shall not be subject to the provisions of this act upon the expi-
40 ration of the existing lease. A copy of such order shall be mailed by
41 regular and certified mail, return receipt requested, to the tenant or
42 tenants and a copy thereof shall be mailed to the owner.
43 (c) 1. In the event that the tenant or tenants either fail to return
44 the completed certification to the owner on or before the date required
45 by subdivision (b) of this section or the owner disputes the certif-
46 ication returned by the tenant or tenants, the owner may, on or before
47 June thirtieth of such year, petition the state division of housing and
48 community renewal to verify, pursuant to section one hundred seventy-
49 one-b of the tax law, whether the total annual income exceeds the dereg-
50 ulation income threshold in each of the two preceding calendar years.
51 Within twenty days after the filing of such request with the division,
52 the division shall notify the tenant or tenants named on the lease that
53 such tenant or tenants must provide the division with such information
54 as the division and the department of taxation and finance shall require
55 to verify whether the total annual income exceeds the deregulation
56 income threshold in each of the two preceding calendar years. The divi-
A. 5286--A 7
1 sion's notification shall require the tenant or tenants to provide the
2 information to the division within sixty days of service upon such
3 tenant or tenants and shall include a warning in boldfaced type that
4 failure to respond will result in an order being issued by the division
5 providing that such housing accommodation shall not be subject to the
6 provisions of this law.
7 2. If the department of taxation and finance determines that the total
8 annual income is in excess of the deregulation income threshold in each
9 of the two preceding calendar years, the division shall, on or before
10 November fifteenth of such year, notify the owner and tenants of the
11 results of such verification. Both the owner and the tenants shall have
12 thirty days within which to comment on such verification results. With-
13 in forty-five days after the expiration of the comment period, the divi-
14 sion shall, where appropriate, issue an order providing that such hous-
15 ing accommodation shall not be subject to the provisions of this law
16 upon the expiration of the existing lease. A copy of such order shall be
17 mailed by regular and certified mail, return receipt requested, to the
18 tenant or tenants and a copy thereof shall be sent to the owner.
19 3. In the event the tenant or tenants fail to provide the information
20 required pursuant to paragraph one of this subdivision, the division
21 shall issue, on or before December first of such year, an order provid-
22 ing that such housing accommodation shall not be subject to the
23 provisions of this law upon the expiration of the current lease. A copy
24 of such order shall be mailed by regular and certified mail, return
25 receipt requested, to the tenant or tenants and a copy thereof shall be
26 sent to the owner.
27 4. The provisions of the state freedom of information act shall not
28 apply to any income information obtained by the division pursuant to
29 this section.
30 (d) This section shall apply only to section 26-504.1 of this chapter.
31 (e) Upon receipt of such order of deregulation pursuant to this
32 section, an owner shall offer the housing accommodation subject to such
33 order to the tenant at a rent not in excess of the market rent, which
34 for the purposes of this section means a rent obtainable in an arm's
35 length transaction. Such rental offer shall be made by the owner in
36 writing to the tenant by certified and regular mail and shall inform the
37 tenant that such offer must be accepted in writing within ten days of
38 receipt. The tenant shall respond within ten days after receipt of such
39 offer. If the tenant declines the offer or fails to respond within such
40 period, the owner may commence an action or proceeding for the eviction
41 of such tenant.
42 § 5. Section 4 of chapter 576 of the laws of 1974, constituting the
43 emergency tenant protection act of nineteen seventy-four is amended by
44 adding a new section 5-a to read as follows:
45 § 5-a. High income rent deregulation. (a) 1. For purposes of this
46 section, annual income shall mean the federal adjusted gross income as
47 reported on the New York state income tax return. Total annual income
48 means the sum of the annual incomes of all persons whose names are
49 recited as the tenant or co-tenant on a lease who occupy the housing
50 accommodation and all other persons that occupy the housing accommo-
51 dation as their primary residence on other than a temporary basis,
52 excluding bona fide employees of such occupants residing therein in
53 connection with such employment and excluding bona fide subtenants in
54 occupancy pursuant to the provisions of section two hundred twenty-six-b
55 of the real property law. In the case where a housing accommodation is
56 sublet, the annual income of the tenant or co-tenant recited on the
A. 5286--A 8
1 lease who will reoccupy the housing accommodation upon the expiration of
2 the sublease shall be considered.
3 2. Deregulation income threshold means total annual income equal to
4 one hundred twenty-five thousand dollars in each of the two preceding
5 calendar years for proceedings commenced on or after July first, two
6 thousand twenty-one.
7 (b) On or before the first day of May in each calendar year, the owner
8 of each housing accommodation may provide the tenant or tenants residing
9 therein with an income certification form prepared by the division of
10 housing and community renewal on which such tenant or tenants shall
11 identify all persons referred to in subdivision (a) of this section and
12 shall certify whether the total annual income is in excess of the dereg-
13 ulation income threshold in each of the two preceding calendar years.
14 Such income certification form shall state that the income level certi-
15 fied to by the tenant may be subject to verification by the department
16 of taxation and finance pursuant to section one hundred seventy-one-b of
17 the tax law, and shall not require disclosure of any information other
18 than whether the aforementioned threshold has been exceeded. Such income
19 certification form shall clearly state that: (i) tenants have
20 protections available to them which are designed to prevent harassment;
21 and (ii) tenants are not required to provide any information regarding
22 their income except that which is requested on the form and may contain
23 such other information the division deems appropriate. The tenant or
24 tenants shall return the completed certification to the owner within
25 thirty days after service upon the tenant or tenants. In the event that
26 the total annual income as certified is in excess of the deregulation
27 income threshold in each of the two preceding calendar years, the owner
28 may file the certification with the state division of housing and commu-
29 nity renewal on or before June thirtieth of such year. Upon filing such
30 certification with the division, the division shall, within thirty days
31 after the filing, issue an order providing that such housing accommo-
32 dation shall not be subject to the provisions of this act upon the expi-
33 ration of the existing lease. A copy of such order shall be mailed by
34 regular and certified mail, return receipt requested, to the tenant or
35 tenants and a copy thereof shall be mailed to the owner.
36 (c) 1. In the event that the tenant or tenants either fail to return
37 the completed certification to the owner on or before the date required
38 by subdivision (b) of this section or the owner disputes the certif-
39 ication returned by the tenant or tenants, the owner may, on or before
40 June thirtieth of such year, petition the state division of housing and
41 community renewal to verify, pursuant to section one hundred seventy-
42 one-b of the tax law, whether the total annual income exceeds the dereg-
43 ulation income threshold in each of the two preceding calendar years.
44 Within twenty days after the filing of such request with the division,
45 the division shall notify the tenant or tenants that such tenant or
46 tenants named on the lease must provide the division with such informa-
47 tion as the division and the department of taxation and finance shall
48 require to verify whether the total annual income exceeds the deregu-
49 lation income threshold in each of the two preceding calendar years. The
50 division's notification shall require the tenant or tenants to provide
51 the information to the division within sixty days of service upon such
52 tenant or tenants and shall include a warning in boldfaced type that
53 failure to respond will result in an order being issued by the division
54 providing that such housing accommodations shall not be subject to the
55 provisions of this act.
A. 5286--A 9
1 2. If the department of taxation and finance determines that the total
2 annual income is in excess of the deregulation income threshold in each
3 of the two preceding calendar years, the division shall, on or before
4 November fifteenth of such year, notify the owner and tenants of the
5 results of such verification. Both the owner and the tenants shall have
6 thirty days within which to comment on such verification results. With-
7 in forty-five days after the expiration of the comment period, the divi-
8 sion shall, where appropriate, issue an order providing that such hous-
9 ing accommodation shall not be subject to the provisions of this act
10 upon expiration of the existing lease. A copy of such order shall be
11 mailed by regular and certified mail, return receipt requested, to the
12 tenant or tenants and a copy thereof shall be sent to the owner.
13 3. In the event the tenant or tenants fail to provide the information
14 required pursuant to paragraph one of this subdivision, the division
15 shall issue, on or before December first of such year, an order provid-
16 ing that such housing accommodation shall not be subject to the
17 provisions of this act upon the expiration of the current lease. A copy
18 of such order shall be mailed by regular and certified mail, return
19 receipt requested, to the tenant or tenants and a copy thereof shall be
20 sent to the owner.
21 4. The provisions of the state freedom of information act shall not
22 apply to any income information obtained by the division pursuant to
23 this section.
24 (d) This section shall apply only to paragraph twelve of subdivision a
25 of section five of this act.
26 (e) Upon receipt of such order of deregulation pursuant to this
27 section, an owner shall offer the housing accommodation subject to such
28 order to the tenant at a rent not in excess of the market rent, which
29 for the purposes of this section means a rent obtainable in an arm's
30 length transaction. Such rental offer shall be made by the owner in
31 writing to the tenant by certified and regular mail and shall inform the
32 tenant that such offer must be accepted in writing within ten days of
33 receipt. The tenant shall respond within ten days after receipt of such
34 offer. If the tenant declines the offer or fails to respond within such
35 period, the owner may commence an action or proceeding for the eviction
36 of such tenant.
37 § 6. Paragraph (i) of subdivision 2 of section 2 of chapter 274 of the
38 laws of 1946, constituting the emergency housing rent control law, as
39 amended by chapter 576 of the laws of 1974, is amended to read as
40 follows:
41 (i) housing accommodations which become vacant on and after June
42 sixteenth, two thousand twenty-one, provided, however, that this
43 exemption shall not apply or become effective where the commission
44 determines or finds that the housing accommodations became vacant
45 because the landlord or any person acting on his behalf, with intent to
46 cause the tenant to vacate, engaged in any course of conduct (including,
47 but not limited to, interruption or discontinuance of essential
48 services) which interfered with or disturbed or was intended to inter-
49 fere with or disturb the comfort, repose, peace or quiet of the tenant
50 in his use or occupancy of the housing accommodations; [and further
51 provided that housing accommodations as to which a housing emergency has
52 been declared pursuant to the emergency tenant protection act of nine-
53 teen seventy-four shall be subject to the provisions of such act for the
54 duration of such emergency;] or
55 § 7. The second undesignated paragraph of subdivision 5 of section 1
56 of chapter 21 of the laws of 1962, constituting the local emergency
A. 5286--A 10
1 housing rent control act, as amended by chapter 82 of the laws of 2003,
2 is amended to read as follows:
3 Notwithstanding any local law or ordinance, housing accommodations
4 which [became] become vacant on or after [July first, nineteen hundred
5 seventy-one or which hereafter become vacant] June sixteenth, two thou-
6 sand twenty-one shall be [subject to the provisions of the emergency
7 tenant protection act of nineteen seventy-four] exempt from regulation
8 and control, provided, however, that this [provision] exemption shall
9 not apply or become effective with respect to housing accommodations
10 which, by local law or ordinance, are made directly subject to regu-
11 lation and control by a city housing rent agency and such agency deter-
12 mines or finds that the housing accommodations became vacant because the
13 landlord or any person acting on his behalf, with intent to cause the
14 tenant to vacate, engaged in any course of conduct (including but not
15 limited to, interruption or discontinuance of essential services) which
16 interfered with or disturbed or was intended to interfere with or
17 disturb the comfort, repose, peace or quiet of the tenant in his use or
18 occupancy of the housing accommodations. The removal of any housing
19 accommodation from regulation and control of rents pursuant to the
20 vacancy exemption provided for in this paragraph shall not constitute or
21 operate as a ground for the subjection to more stringent regulation and
22 control of any housing accommodation in such property or in any other
23 property owned by the same landlord, notwithstanding any prior agreement
24 to the contrary by the landlord. The vacancy exemption provided for in
25 this paragraph shall not arise with respect to any rented plot or parcel
26 of land otherwise subject to the provisions of this act, by reason of a
27 transfer of title and possession occurring on or after July first, nine-
28 teen hundred seventy-one of a dwelling located on such plot or parcel
29 and owned by the tenant where such transfer of title and possession is
30 made to a member of the tenant's immediate family provided that the
31 member of the tenant's immediate family occupies the dwelling with the
32 tenant prior to the transfer of title and possession for a continuous
33 period of two years.
34 § 8. Paragraph (h) of subdivision 10 of section 1 of chapter 21 of the
35 laws of 1962, constituting the local emergency housing rent control act,
36 as amended by chapter 576 of the laws of 1974, is amended to read as
37 follows:
38 (h) Any tenant who has vacated his housing accommodations because the
39 landlord or any person acting on his behalf, with intent to cause the
40 tenant to vacate, engaged in any course of conduct (including but not
41 limited to, interruption or discontinuance of essential services) which
42 interfered with or disturbed or was intended to interfere with or
43 disturb the comfort, repose, peace or quiet of the tenant in his use or
44 occupancy of the housing accommodations may, within ninety days after
45 vacating, apply for a determination that the housing accommodations were
46 vacated as a result of such conduct, and may, within one year after such
47 determination, institute a civil action against the landlord by reason
48 of such conduct. Application for such determination may be made to the
49 [city housing rent agency with respect to housing accommodations which,
50 by local law or ordinance, are made directly subject to regulation and
51 control by such agency. For all other housing [accommodadations] accom-
52 modations subject to regulation and control pursuant to the New York
53 city rent stabilization law of nineteen hundred sixty-nine, application
54 for such determination may be made to the New York city conciliation and
55 appeals board. For the purpose of making and enforcing any determi-
56 nation of the New York city conciliation and appeals board as herein
A. 5286--A 11
1 provided, the provisions of sections seven, eight and ten, whenever they
2 refer to the city housing rent agency, shall be deemed to refer to such
3 board] state division of housing and community renewal. In such action
4 the landlord shall be liable to the tenant for three times the damages
5 sustained on account of such conduct plus reasonable attorney's fees and
6 costs as determined by the court. In addition to any other damages the
7 cost of removal of property shall be a lawful measure of damages.
8 § 9. Subdivision a of section 5 of section 4 of chapter 576 of the
9 laws of 1974, constituting the emergency tenant protection act of nine-
10 teen seventy-four, is amended by adding a new paragraph 3-a to read as
11 follows:
12 (3-a) housing accommodations which become vacant on or after June
13 sixteenth, two thousand twenty-one, provided, however, that this excep-
14 tion shall not apply to or become effective with respect to housing
15 accommodations which the commissioner determines or finds became vacant
16 because the landlord or any person acting on his or her behalf, with
17 intent to cause the tenant to vacate, engaged in any course of conduct
18 (including, but not limited to, interruption or discontinuance of
19 required services) which interfered with or disturbed or was intended to
20 interfere in his or her use or occupancy of the housing accommodations.
21 § 10. Section 26-504 of the administrative code of the city of New
22 York is amended by adding a new subdivision d to read as follows:
23 d. Notwithstanding any of the provisions of this section or title or
24 any other provisions of law, this law shall not apply to any housing
25 accommodation which becomes vacant on or after June sixteenth, two thou-
26 sand twenty-one provided, however, that this exception shall not apply
27 to or become effective with respect to housing accommodations which the
28 commissioner determines or finds became vacant because the landlord or
29 any person acting on his or her behalf, with intent to cause the tenant
30 to vacate, engaged in any course of conduct (including but not limited
31 to, interruption or discontinuance of required services) which interfer-
32 ed with or disturbed or was intended to interfere with or disturb the
33 comfort, repose, peace or quiet of the tenant in his or her use or occu-
34 pancy of the housing accommodations.
35 § 11. This act shall take effect immediately; provided that section
36 26-403.1 of the city rent and rehabilitation law as added by section two
37 of this act shall remain in full force and effect only as long as the
38 public emergency requiring the regulation and control of residential
39 rents and evictions continues, as provided in subdivision 3 of section 1
40 of the local emergency housing rent control act; and provided that
41 sections 26-504.1 and 26-504.3 of the administrative code of the city of
42 New York as added by sections three and four of this act, and the amend-
43 ments to section 26-504 of chapter 4 of title 26 of the administrative
44 code of the city of New York made by section ten of this act, shall
45 expire on the same date as such law expires and shall not affect the
46 expiration of such law as provided under section 26-520 of such law; and
47 provided that the amendments to the local emergency housing rent control
48 act made by sections seven and eight of this act shall remain in full
49 force and effect only so long as the public emergency requiring the
50 regulation and control of residential rents and evictions continues, as
51 provided in subdivision 3 of section 1 of the local emergency housing
52 rent control act.